I.A.ANSARI
Pravabati Ghosh – Appellant
Versus
Gautam Das – Respondent
I.A. Ansari, J.
1. Satish Chandra Ghosh (since deceased) made an application under Section 166 of the Motor Vehicles Act ('the MV Act') seeking an award for compensation for the injuries sustained by him in a motor vehicular accident, the injuries being, inter alia, multiple fracture of his right leg. The said injured died, on 18.12.2000, the death having, however, not been caused due to the injuries sustained by the said deceased in the accident aforementioned. On his death, the present petitioners, as legal representatives of the said deceased, sought for being substituted in place of the said deceased as claimants. On the ground that in the case of personal injury, no right to sue survives, the learned Motor Accident Claims Tribunal, West Tripura, Agartala, passed an order, on 5.7.2001, rejecting the prayer made by the present petitioner for substitution. It is this order, which stands impugned in the present revision made under Section 115 of the Code of Civil Procedure read with Article 227 of the Constitution of India.
2. I have heard Mr. A.K. Bhowmik, learned senior counsel, appearing on behalf of the petitioners, and Mr. T.K. Dey, learned Counsel, appearing on behalf
M. Veerappa v. Evelyn Sequeria and Ors. (1988) 1 SCC 556
Irulappa v. Madhciva AIR 1951 Mad. 733
Melepurath Sankunni Ezhuthassan v. Thekittil Geopalankutty AIR 1986 SC 411 : (1986) 1 SCC 118
Ratanlal v. Baboolal AIR 1960 MP 200
Joti Ram and Ors. v. Chaman Lal and Ors. AIR 1985 P&H 2
Hazari v. Neki (dead) AIR 1968 SC 1205
Girijanandini Devi v. Bijendra Narain Choudhary AIR 1967 SC 1124
Priviska Rozario v. Ford Foundation AIR 1969 Cal. 394
CP Kandaswamy v. Mariappa AIR 1974 Mad. 178
Kannamma v. Deputy General Manager (1991) ACC 421 (Kant)
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